Total Pageviews

Wednesday, 4 April 2012

Secret Justice?

It seems
that many of the cornerstones of our democracy are under threat.

Yesterday
there was talk of government departments having access to our email accounts.

Today it is
all about secret justice. In many ways this is even more alarming. These proposals would
lead to a wave of secret courts i.e. those where we do not get to see or hear
what is happening. Effectively the government would be able to dictate what
evidence should be kept from us.

Open and
independent justice has always been an important part of our legal system. A
system of which we have been rightly proud and which has influenced systems
across the world. Anybody coming before our courts has always been entitled to fairness,
justice and independent legal
representation. How can evidence be challenged if the parties and
legal representatives cannot see it?

Under these
proposals evidence could be kept back even from somebody’s own chosen lawyer. The
evidence would be considered by a select group known as Special Advocates who
are themselves concerned that the proposals are unfair.

These
extreme measures exist in terrorism related cases but the proposed changes
would give ministers the right to use them in any case where they decide it is
necessary. It should not be for the state to decide how justice is done and
seen to be done.

The All Party
Human Rights Committee has rightly expressed concerns, describing them as
unnecessary and potentially damaging. Their Chair, Dr. Hywel Francis said - “Closed
Material Procedures are inherently unfair and the Government has failed to show
that extending their use might in some instances contribute to greater
fairness.”